Date: 12-04-2018
Reason For Adjournment: court time is over
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 20-06-2018
Date: 20-06-2018
Reason For Adjournment: court time is over
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 06-08-2018
Date: 06-08-2018
Reason For Adjournment: court time is over
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 26-09-2018
Date: 26-09-2018
Reason For Adjournment: court time is over
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 14-11-2018
Date: 14-11-2018
Reason For Adjournment: court time is over
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 25-01-2019
Date: 25-01-2019
Reason For Adjournment: court time is over
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 28-03-2019
Date: 28-03-2019
Business: Resumed.
Plaintiff in person is present. His advocate is absent. Adv. Ms. Bharati Mahant I/b Divya Shah and Associates for def. no. 1 is present.
Plaintiff seeks time to argue the NM on the ground that his advocate Mayuresh Modgi is busy before Small Cause Court. Time is granted as last chance with a direction that if the plaintiff fails to argue the NM No. 742/2016 and 265/2016 necessary orders will be passed in the matter.
Adjd for NM arguments/passing dismissal orders against def. Nos. 2 to 7 to 11.06.2019.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 11-06-2019
Date: 11-06-2019
Business: Matter not traceable.
Advocate Mr. M. D. Modagi for Plaintiff present
Advocate Ms. Bharti Mahant I/b Divya and Shah Associates for Defendant no.1 present
Case is adjourned to 23/07/2019 for filing additional affidavit in support of NM no.742/18 by Defendant no.1.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-07-2019
Date: 23-07-2019
Business: Court is busy in hearing NM in suit no.599/18 and court has to hear NM in suit no.627/13 and other, hence case is adjourned to 17/10/2019.
Advocate Mr. Pradhan for Defendant no.1 present and filed further affidavit in support of NM no.742/18, t.o.r. Defendant no.1 is directed to serve copy of same to other side.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-10-2019
Date: 17-10-2019
Business: Plaintiff no.2 present and submitted that his advocate is not available today hence matter may be adjourned. Considering submissions adjourned.
Advocate for Defendant no.1 present and served copy of further affidavit filed by Defendant no.1 in support of NM no.742/18.
Case is adjourned to 12/12/2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-12-2019
Date: 12-12-2019
Business: None for Plaintiff.
Adv. Mihant for defendant present.
Case is adjourned to 09/03/2020 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-03-2020
Date: 09-03-2020
Business: None present for Plaintiff.
Advocate Mr.Mihand i/b Divya Shah for Defendants present
Notice of Motion no.265/17 and 742/18 are pending for hearing. Defendant advocate submitted that on next date both Nms will be argued.
Case is adjourned to 26/06/2020 for NM hearing.
L.O.
Advocate Mr. M. D. Modi for Plaintiff present
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-06-2020
Date: 26-06-2020
Business: Du to corona pandemic and national lockdown
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-08-2020
Date: 26-06-2020
Business: Du to corona pandemic and national lockdown
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-08-2020
Date: 26-06-2020
Business: Du to corona pandemic and national lockdown
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-08-2020
Date: 25-08-2020
Business: As holiday was declared, taken on 27/08/2020.
Adjourned due to Covid-19.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-11-2020
Date: 05-11-2020
Business: None present for Plaintiffs.
None present for Defendants.
It seems that due to Corona pandemic, parties are absent, hence case is adjourned to 05.02.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-02-2021
Date: 05-02-2021
Business: None present for both the parties.
NM No.265/2017 , 742/2018 be kept for dismissal order on next date.
Matter is adjd. for NM dismissal order to 17.03.2021.
Judge
L.O.
Adv Mr. Abraham Fernandes for deft No.1 present and seeks adjournment to argue NM No. 742/2018 hence, said NM be kept for hearing and NM No.265/2017 kept for dismissal order to 17.03.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-03-2021
Date: 17-03-2021
Business: None present for plff.
Adv Mr. Abraham Fernandes for deft No.1 present.
K.B.
L.O. at 5.10 present.
None present for plff.
Adv Mr. Abraham Fernandes for deft No.1 present.
Roznama shows that nobody has attended the matter for and on behalf of the plaintiffs since long. N.M. No.265/2017 taken out by the plaintiffs is pending for hearing since long.
As nobody is attending the matter for and behalf of plaintiffs since long, there is no propriety to keep said NM pending any further hence, N.M. No. 265/2017 is dismissed in default for want of prosecution.
N.M. No. 742/2018 of the defendant No.1 be kept for hearing on next date as nobody is present for the plaintiff.
Matter is adjd. for hearing in NM No.742/2018 to 17.06.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-06-2021
Date: 17-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-08-2021
Date: 17-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-08-2021
Date: 10-08-2021
Business: None present for plff.
Adv Mr. Iyyer for deft No.1 present and seeks adjournment.
Matter is adjd. for NM hearing to 08.10.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-10-2021
Date: 08-10-2021
Business: Adv M.D. Modge for plff present.
Adv Ms. Rane for D/1 present.
Heard ld. Adv. for both sides on NM 742/18.
Adv. for deft. no.1 filed pursis alongwith copies of five documents in NM 742/18.
Matter is adjd. for Order on NM 742/18 to 18/10/2021.
Judge
Next Purpose: NM ORDERS
Next Hearing Date: 18-10-2021
Date: 18-10-2021
Business: Holiday declare, Hence matter is adjd. to
Next Purpose: NM ORDERS
Next Hearing Date: 27-11-2021
Date: 27-11-2021
Business: Court is on leave.
Next Purpose: NM ORDERS
Next Hearing Date: 18-01-2022
Date: 27-11-2021
Business: Court is on leave.
Next Purpose: NM ORDERS
Next Hearing Date: 18-01-2022
Date: 18-01-2022
Business: Due to Covid-19, matter is adjd.
Next Purpose: NM ORDERS
Next Hearing Date: 29-01-2022
Date: 18-01-2022
Business: Due to Covid-19, matter is adjd.
Next Purpose: NM ORDERS
Next Hearing Date: 29-01-2022
Date: 29-01-2022
Business: Due to Covid-19, matter is adjd.
Next Purpose: NM ORDERS
Next Hearing Date: 10-02-2022
Date: 10-02-2022
Business: Plaintiff No.2 present in person
Adv. Nayna rane for defendant No.1 present.
None present for the other defts.
Matter is kept today for order on NM NO.742 of 2018.
Advocate for the defendant No.1 submitted that orignal MoU or its certified copy will be produced on next date in compliance of Section 8(2) of Arbitration and Concillation Act.
Matter be kept for production of original/certified copy of MoU by defendant No.1 and further arguments on Law point to 23/02/2022.
Judge
Next Purpose: ARGUMENTS
Next Hearing Date: 23-02-2022
Date: 23-02-2022
Business: Court is on leave,
Next Purpose: ARGUMENTS
Next Hearing Date: 18-04-2022
Date: 23-02-2022
Business: Court is on leave,
Next Purpose: ARGUMENTS
Next Hearing Date: 18-04-2022
Date: 18-04-2022
Business: None present for plff.
Adv Shraddha Amre present for deft.No.1 and produced certified copy of MoU. She submitted that original MoU is not with the defendant. Deft to be heard in view of S.8(2) of the Arbitration Act.
Matter is adjd. for further NM hearing to 04.05.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-05-2022
Date: 04-05-2022
Business: Adv Mr. present for plff.
Adv Ms. Shraddha Amre present for deft. No.1 and submitted that it is wrongly mentioned in the roznama dt.18.04.2022 that original MoU is not with the deft. She submitted that original MoU is with the deft but deft is out of Mumbai.
She submitted that certified copy of MoU is already produced. Adv for plff submitted that certified copy can be considered only when the original cannot be produced. Adv for deft No.1 submitted that deft No.1 will produce original MoU on next date.
Matter is adjd. for compliance and further NM hearing to 09.06.2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 09-06-2022
Date: 09-06-2022
Business: Adv. Mayuresh Modgi for pltff present.
Adv.Nitesh Menon i/b.Divya Shah Associates for deft. No.1 present.
On oral request of the deft. adjd for argument.
KB
LO at 04.30 pm
Same appearance.
The pltff. gave inspection of original MOU to the advocate of deft. The advocate of deft. has accordingly taken the inspection of the same.
Matter adjd to 02.07.2022 at morning session for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 02-07-2022
Date: 02-07-2022
Business: None present.
KB
LO at 12.35 pm
Adv.Nitesh Menon i/b.Divya Shah and Associates for defendant No.1 present.
Heard the Ld.adv.for deft.No.1 in NM No.742/2018. Plaintiff is absent for the argument.
Read the last roznama dated 09.06.2022. The instruction is given by the defendant, hence the word \''plaintiff\'' in respect of inspection shall be considered as \''defendant No.1\''.
Matter adjd to 25.07.2022 for plaintiff\''s argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 25-07-2022
Date: 25-07-2022
Business: Ramakant madhukar mhatre Plaintiff. No.2 present.
Adv. Ritesh Menon Defendant No. 1
None for Def. No. 2 to 7
k.b.
Plff. filed application for adjournment marked as Exh.3.
Order : Considering the reason last chance granted.
Matter adjd to 10.8.2022 for order in NM.
Judge
Next Purpose: NM ORDERS
Next Hearing Date: 10-08-2022
Date: 10-08-2022
Business: Plaintiff No.2 present.
Adv.Ritesh Menon for deft.No.1 present.
Plaintiff No.2 filed written notes of argument in NM 742/18 t.o.r. and marked as Exh.4. Copy of same is received by Adv. of deft.No.1.
Matter adjd to 20.08.2022 for NM Order.
Next Purpose: NM ORDERS
Next Hearing Date: 20-08-2022
Date: 10-08-2022
Business: Plaintiff No.2 present.
Adv.Ritesh Menon for deft.No.1 present.
Plaintiff No.2 filed written notes of argument in NM 742/18 t.o.r. and marked as Exh.4. Copy of same is received by Adv. of deft.No.1.
Matter adjd to 20.08.2022 for NM Order.
Next Purpose: NM ORDERS
Next Hearing Date: 20-08-2022
Date: 20-08-2022
Business: Plaintiff No.2 present.
Adv.Ritesh Menon for defendant No.1 present.
The deft.No.1 filed rejoinder argument in NM 742/18 t.o.r. and marked as Exh.5. Copy is received by pltff. No.2.
Matter adjd to 20.09.2022 for NM order.
Next Purpose: NM ORDERS
Next Hearing Date: 20-09-2022
Date: 20-08-2022
Business: Plaintiff No.2 present.
Adv.Ritesh Menon for defendant No.1 present.
The deft.No.1 filed rejoinder argument in NM 742/18 t.o.r. and marked as Exh.5. Copy is received by pltff. No.2.
Matter adjd to 20.09.2022 for NM order.
Next Purpose: NM ORDERS
Next Hearing Date: 20-09-2022
Date: 20-09-2022
Business: Adv.Mayuresh Modgi for plaintiff present.
Adv.Simran Nagi i/b.Divya Shah Associates for deft.No.1 present.
KB
LO at 04.20 pm
Adv.Mayuresh Modgi for plaintiff present.
Adv.Simran Nagi i/b.Divya Shah Associates for deft.No.1 present.
The Adv. for the pltff. submitted the judgment of IVORY which is not on record but referred in his argument. Heard the plaintiff on legal point.
Matter adjd to 07.10.2022 for NM Order.
Next Purpose: NM ORDERS
Next Hearing Date: 07-10-2022
Date: 07-10-2022
Business: Plaintiff present.
Adv.M.D. Modgi for plaintiff present.
Adv.Nitesh Menon a/w. Adv.Simran Nogi i/b.Divya Shah Associates for deft.No.1 present.
KB
LO at 04.00 pm
Same appearance.
Heard both the sides in NM 742/18.
Matter adjd to 17.10.2022 for NM Order.
Next Purpose: NM ORDERS
Next Hearing Date: 17-10-2022
Date: 07-10-2022
Business: Plaintiff present.
Adv.M.D. Modgi for plaintiff present.
Adv.Nitesh Menon a/w. Adv.Simran Nogi i/b.Divya Shah Associates for deft.No.1 present.
KB
LO at 04.00 pm
Same appearance.
Heard both the sides in NM 742/18.
Matter adjd to 17.10.2022 for NM Order.
Next Purpose: NM ORDERS
Next Hearing Date: 17-10-2022
Date: 17-10-2022
Business: None present for plaintiff.
Adv.Simran Nagi for deft.No.1 present.
KB
LO at 05.25 pm
Plaintiff No.2 present.
Adv.M. D. Modgi for plaintiff present.
Adv.Simran Nagi for deft.No.1 present.
KB
LO at 06.00 pm
Same appearance.
For want of time matter is adjd to 26.11.2022 for NM Order.
Next Purpose: NM ORDERS
Next Hearing Date: 26-11-2022
Date: 17-10-2022
Business: None present for plaintiff.
Adv.Simran Nagi for deft.No.1 present.
KB
LO at 05.25 pm
Plaintiff No.2 present.
Adv.M. D. Modgi for plaintiff present.
Adv.Simran Nagi for deft.No.1 present.
KB
LO at 06.00 pm
Same appearance.
For want of time matter is adjd to 26.11.2022 for NM Order.
Next Purpose: NM ORDERS
Next Hearing Date: 26-11-2022
Date: 26-11-2022
Business: As Holiday on 26.11.2022 hence matter adjourned to 10.12.2022.
Next Purpose: NM ORDERS
Next Hearing Date: 10-12-2022
Date: 10-12-2022
Business: Adv.Simran Nagi i/b.Divya Shah and Associates for deft.No.1 present.
KB for order.
LO at 05.55 pm
(As Court is busy in dictating orders in other matters, hence, adjourned.)
Matter adj. to 16.12.2022 for order.
Next Purpose: NM ORDERS
Next Hearing Date: 16-12-2022
Date: 10-12-2022
Business: Adv.Simran Nagi i/b.Divya Shah and Associates for deft.No.1 present.
KB for order.
LO at 05.55 pm
(As Court is busy in dictating orders in other matters, hence, adjourned.)
Matter adj. to 16.12.2022 for order.
Next Purpose: NM ORDERS
Next Hearing Date: 16-12-2022
Date: 16-12-2022
Business: Adv. For plaintiff present.
Adv. Nandkishor Supal for defendant no. 1 present.
K.B.
L.O. at 5.55 p.m.
None present.
F. R.S.R. following order is passed in N.M. NO. 742/2018
Order.
1. Notice of Motion no. 742 of 2018 is allowed.
2. The dispute contained in the present suit is subject matter of an arbitration agreement, therefore it is arbitrable. The parties in the present suit to refer their dispute in the present suit to the arbitration in terms of arbitration clause 21 of memorandum of agreement dated 21/09/2012.
3. As the dispute is arbitrable, this Court has no jurisdiction to try this suit in view said arbitration clause in the memorandum of agreement dated 21/09/2012.
4. In the result suit is disposed off. Parties may appear before arbitrator to be appointed by them.
Nature Of Disposal: ALLOWED
Disposal Date: 16-12-2022
